Can storm windows be religious?  In anticipation of hosting the National Football League Super Bowl, the city of  Detroit agreed to fund 50% of the cost of renovations to publicly visible building facades and parking lots in the downtown area, up to $150,000 per building and $30,000 per lot.  Ninety-one projects were completed at the cost of $11.5M, including renovation of building and parking lots belonging to three churches.  American Atheist Incorporated sued, claiming that by helping to refurbish churches, the city was advancing religion, in violation of the First Amendment.  The Court that first heard the case upheld all the grants, except for church signs and storm windows that covered stained glass.  But the Court of Appeals upheld all the grants, stating that storm windows and signs have no religious significance.  So for American Atheist Incorporated, let’s just call it a “sign of the times,” and when it comes to windows, a “painful decision.”

THIS IS NEIL CHAYET LOOKING AT THE LAW™

American Atheists, Inc. v. Detroit Downtown Development Authority, Sixth Circuit Court of Appeals, No. 07-2398, May 28, 2009, Sutton, J., 6-9-09

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